Mr Rayney was charged with wilful murder three years after the body of his Supreme Court registrar wife Corryn was found in a shallow bush grave in Kings Park in August 2007.

The verdict was a judge-only decision that followed a three-month trial, which attracted unprecedented public attention and cost taxpayers millions.

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The case against Mr Rayney had been circumstantial and retired Northern Territory Supreme Court Justice Brian Martin, who was brought in to hear the trial, ultimately found the prosecution case had lacked evidence.

The New South Wales Office of Director of Public Prosecutions, which was responsible for the case, appealed on the grounds that the circumstantial evidence should have been read together as a whole, rather than "in a piecemeal and sequential manner".

A further ground of appeal argued Justice Martin had erred by finding that while Mrs Rayney was attacked in or near the couple's Como home, this fact alone did not establish Mr Rayney's guilt.

The state also appealed on grounds that a dinner place card found near Mrs Rayney's burial site had been dismissed by Justice Martin as lacking significance.

The state's appeal has been scheduled to be heard from August 6 to August 8 at the Supreme Court of WA in Perth.